Revised Beach Access Bill

A bill to be entitled

2  An act relating to public access to beaches; creating part

3  V of ch. 161, F.S.; providing definitions; providing

4  policy and effect; declaring that the public policy of

5  this state is to provide free access to public beaches;

6  prohibiting persons from restricting access; prohibiting

7  obstruction of beach access under certain conditions;

8  prohibiting the use of signs declaring that a public beach

9  is private property; providing that a violation of such

10  prohibition is a first-degree misdemeanor; providing a

11  penalty; prohibiting a governmental entity from placing an

12  obstruction upon a public beach under certain conditions;

13  prohibiting ordinances that limit public access; providing

14  for the use of prima facie evidence in suits to exclude

15  the public from accessing and using a sandy beach;

16  requiring notice to the Board of Trustees of the Internal

17  Improvement Trust Fund of the sale or closure of access to

18  a public beach; providing for the purchase of such access

19  by the board; providing an effective date.

21  Be It Enacted by the Legislature of the State of Florida:

23       Section 1.  Part V of chapter 161, Florida Statutes,

24  consisting of sections 161.80, 161.81, 161.82, 161.83, and

25  161.84, is created to read:

26  PART V

27  PUBLIC BEACH ACCESS

28       161.80  Definitions.--As used in this part, the term:

29       (1)  "Beach access" means the public's right to laterally

30  traverse and make recreational use of the sandy beaches of this

31  state where such access exists on or after July 1, 1987, or the

32  public has established an accessway through private lands to

33  lands seaward of the mean high tide or water line by

34  prescription, prescriptive easement, or any other legal means.

38       (2)  "Public beach" means any sovereign beach, any

39  recreational beach owned or operated by the state or a local

40  government, or any sandy beach area where the public has

41  established or acquired a right of use by prescription,

42  dedication, custom, or any other legal means.

43       (3)  "Recreational use" includes walking, hiking, fishing,

44  swimming, surfing, sunbathing, nature study, any other

45  traditional beach activities; visiting historical,

46  archaeological, scenic, or scientific sites.

49       (4)  "Sovereign beach" means that portion of a sandy beach

50  lying seaward of the line of mean high water or a recorded

51  erosion control line.

52       161.81  Declaration of policy and effect.--

53       (1)  Under the Environmental Protection Act of 1971, a

54  public beach is a natural resource, and it is the policy of this

55  state that the public, individually and collectively, have the right to enter and use this resource.

62       (2)  Any sandy beach below the mean high water line or a

63  recorded erosion control line is declared public, and a private

64  entity, absent a board of trustees deed or authorization, may

65  not restrict access along the shoreline across such beaches.

      (3) Nothing in this part shall be construed to have any affect on the beach management efforts to Fund and manage the shoreline as provided in Part I of Chapter 161.

66       161.82  Unlawful barriers to use of public beaches.--

67       (1)(a)  A person may not:

68       1.  Obstruct or cause obstruction of beach access by

69  fencing, barricading, or causing any other obstruction, unless

70  such obstruction is otherwise authorized by law.

71       2.  Display or cause to be displayed on any public beach

72  any sign, marker, or warning or communicate in any other manner

73  that a public beach is private property.

74       (b)  A person who violates this subsection commits a

75  misdemeanor of the first degree, punishable as provided in s.

76  775.082 or s. 775.083.

(2) A governmental entity may not:

(a) Place or cause to be placed any fencing, barricade, or any other obstruction upon a public beach, unless such obstruction is:

(i) necessary for public health, safety, and welfare;

(ii) is erected for no longer than 30 calendar days

(iii) necessary to protect wildlife, habitat, or other environmental resources, or

(iv) otherwise authorized by law.

This subsection does not prevent any agency, department, institution, subdivision, or instrumentality of the state or of the Federal Government from erecting or maintaining any groin, seawall, barrier, pass, channel, jetty, or other structure as an aid to navigation, as protection of the shore, or for fishing, safety, or other lawful purpose.

(b) Take action which limits the public’s access to a public beach and does not provide for alternative access which is of substantially similar quality and convenience to the public, unless such action is:
(i) necessary for public health, safety, and welfare;
(ii) is effective for no longer than 30 calendar days;
(iii) necessary to protect wildlife, habitat, or other environmental resources, or
(iv) otherwise authorized by law.

92       161.83  Prima facie evidence.--In a suit brought or

93  defended under this part or whose determination is affected by

94  this part, proof of record title to a sandy beach that is

95  landward of a sovereign beach is not prima facie evidence that

96  the titleholder has a right to exclude the public from accessing

97  and using the sandy beach or any associated accessway.

105       161.84  Public purchase of beach access.--

The Board of Trustees of the Internal Improvement Trust Fund shall have a right of first refusal to purchase from a county or municipality any transferable interest in beachfront or other property which provides access to a public beach. This right of first refusal shall terminate upon the running of 120 days from the date upon which the city or county notifies the board that the interest is available by certified mail, return receipt requested.

160       Section 2.  This act shall take effect July 1, 2009.